Candidates can be disqualified if info not disclosed: SC
10 years, 10 months ago

Candidates can be disqualified if info not disclosed: SC

Live Mint  

New Delhi: Candidates fighting elections can be disqualified if they fail to disclose information about assets and liabilities of even their spouse and dependent children, the Supreme Court has held. Sikri said that a person contesting elections is also under legal obligation to disclose information on his or her criminal antecedents and educational qualifications. “The citizens have fundamental right under Article 19 of the Constitution to know about the candidates contesting the elections and this is the primary reason that casts a solemn obligation on these candidates to furnish regarding the criminal antecedents, educational qualifications and assets held by the candidate, his spouse and dependent children,” the bench said in a judgement. The court said that at the time of filing the nomination paper, if a candidate leaves blank any column seeking information on criminal antecedents, educational qualifications and assets and liabilities, then it would result in rejection by the returning officer at the scrutiny stage itself.

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History of this topic

SC asks if poll ban on candidates charged with crimes will cause irreversible damage
2 months, 1 week ago

SC asks if poll ban on candidates charged with crimes will cause irreversible damage

The Hindu  

The Supreme Court on Tuesday asked whether a ban on persons charged with heinous offences such as murder and rape from contesting elections will lead to irreversible damage if they are later found innocent after trial. “There are only 5,000 seats up for election and over a billion people… Can we not find honest people to contest in elections?” Mr. …

SC refuses to entertain plea on 'namesake' candidates in polls
10 months, 4 weeks ago

SC refuses to entertain plea on 'namesake' candidates in polls

Deccan Chronicle  

New Delhi: The Supreme Court on Friday refused to entertain a plea that sought a direction to the Election Commission to take urgent steps for an effective mechanism to solve the issue of "namesake" candidates contesting polls. Describing the issue as "extremely serious", Biju had referred to Rule 22 of the Conduct of Elections Rules, 1961, which says if two …

Non-disclosure of assets by candidate amounts to corrupt practice attracting disqualification under Panchayat Raj Act: Karnataka High Court
1 year, 7 months ago

Non-disclosure of assets by candidate amounts to corrupt practice attracting disqualification under Panchayat Raj Act: Karnataka High Court

The Hindu  

The High Court of Karnataka has said that non-disclosure of assets or suppression of the assets of a candidate, or his or her spouse and dependents, will amount to corrupt practice requiring disqualification of the candidature in an election held to a panchayat under the Karnataka Gram Swaraj and Panchayat Raj Act. Also, the court said there is no particular …

'Position Of Office Bearers Highly Disputed': Delhi High Court Denies Permission To Akhil Bharat Hindu Mahasabha To Contest Assembly Elections
3 years, 6 months ago

'Position Of Office Bearers Highly Disputed': Delhi High Court Denies Permission To Akhil Bharat Hindu Mahasabha To Contest Assembly Elections

Live Law  

The Delhi High Court has dismissed a petition filed by Swami Chakrapani, claiming to be the President of Akhil Bharat Hindu Mahasabha, and seeking a direction to the Election Commission of India to permit the party's office bearers to contest Assembly elections in several states.Noting that the factum of Chakrapani occupying the said position is highly disputed, a Division Bench …

Delhi election 2020: High court seeks Election Commission's views on BJP plea to reject AAP candidate Vishesh Ravi's nomination
5 years, 1 month ago

Delhi election 2020: High court seeks Election Commission's views on BJP plea to reject AAP candidate Vishesh Ravi's nomination

Firstpost  

Plea alleged that the AAP candidate had willfully and intentionally concealed material facts and given false statements in poll affidavits New Delhi: The Delhi High Court on Thursday sought the Election Commission’s response on a plea seeking rejection of the nomination of the AAP’s Karol Bagh candidate for allegedly concealing his educational qualification in his affidavit for the 8 February …

Non-Disclosure Of Criminal Cases In Which Charges Have Not Been Framed Does Not Amount To Suppression In Election Affidavit: Bombay HC [Read Judgment]
6 years ago

Non-Disclosure Of Criminal Cases In Which Charges Have Not Been Framed Does Not Amount To Suppression In Election Affidavit: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has refused to set aside the election of Shiv Sena MLA from Kohlapur Rajesh Vinayak Kshirsagar, holding that failure to mention criminal cases in which charges have not been framed does not amount to suppression of facts in election nomination.Kshirsagar's election to Maharashtra legislative assembly in 2014 was challenged by the defeated Congress candidate Shivajirao. The …

Election Commission warns parties on criminal cases
6 years, 4 months ago

Election Commission warns parties on criminal cases

The Hindu  

Candidates with criminal antecedents and their political parties can be charged with contempt of the Supreme Court if they fail to widely publicise the cases against them as prescribed. The failure of the candidates and the parties to publicise the details in the manner prescribed may be a ground for post-election action like election petition or contempt of court. The …

Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections
6 years, 5 months ago

Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections

Live Law  

The Delhi High Court, on Tuesday, refused to entertain a PIL seeking directions to the Election Commission of India to frame guidelines for advertising criminal antecedents of candidates in the election campaign in compliance with the Supreme Court judgment in Public Interest Foundation v. Union Of India.The Bench comprising Chief Justice Rajendra Menon and Justice VK Rao opined that. The …

Parliament can take a call on tainted netas, says Supreme Court
6 years, 6 months ago

Parliament can take a call on tainted netas, says Supreme Court

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday refused to direct the Election Commission to debar candidates with a serious criminal background from contesting elections and instead asked Parliament to enact suitable legislation to decriminalise the country’s polity. Writing the judgement disposing of the petitions filed by NGO Public Interest Foundation and others, the CJI said it would be mandatory for …

Candidates can’t be barred from contesting polls on framing of criminal charges only: SC
6 years, 6 months ago

Candidates can’t be barred from contesting polls on framing of criminal charges only: SC

Op India  

Supreme Court has declined to interfere in a plea to debar candidates facing criminal charges from contesting elections and established that the MPs and MLAs could not be disqualified from contesting elections merely at the stage of the framing of charges unless they are proved guilty or convicted. The five-judge bench headed by Dipak Misra said that the onus lies …

Disqualification Of Legislators On Framing Of Charge[Day-2] Court Can Direct Election Commission To Restrain Political Parties From Fielding Tainted Candidates: Krishnan Venugopal
6 years, 7 months ago

Disqualification Of Legislators On Framing Of Charge[Day-2] Court Can Direct Election Commission To Restrain Political Parties From Fielding Tainted Candidates: Krishnan Venugopal

Live Law  

The Supreme Court on Tuesday observed that while the power of superintendence and control of elections as vested in an Election Commission under Article 324 is only general, Article 102 specifically envisages a ground for disqualifying one from being chosen as or being a MP to be prescribed by a law made by the Parliament.The five-judge bench headed by Chief …

Disqualification Of Legislators On Framing Of Charge[Day-2] Court Can Direct Election Commission To Restrain Political Parties From Fielding Tainted Candidates: Krishnan Venugopal
6 years, 7 months ago

Disqualification Of Legislators On Framing Of Charge[Day-2] Court Can Direct Election Commission To Restrain Political Parties From Fielding Tainted Candidates: Krishnan Venugopal

Live Law  

The Supreme Court on Tuesday observed that while the power of superintendence and control of elections as vested in an Election Commission under Article 324 is only general, Article 102 specifically envisages a ground for disqualifying one from being chosen as or being a MP to be prescribed by a law made by the Parliament.The five-judge bench headed by Chief …

SC allows plea seeking disclosure of source of income of political candidates
7 years, 1 month ago

SC allows plea seeking disclosure of source of income of political candidates

Live Mint  

New Delhi: The Supreme Court on Friday held that the disclosure of the source of income of political candidates as well as their dependants and associates would be mandatory. The high court had dismissed a plea seeking directions, such as furnishing supporting documents in relation to information submitted in their affidavit, to advance transparency in elections, further the cause of …

Supreme Court questions convicted politicians heading parties
7 years, 1 month ago

Supreme Court questions convicted politicians heading parties

Deccan Chronicle  

New Delhi: The Supreme Court with a view to preventing criminalisation of politics, questioned whether convicted politicians can form and head a political party, can choose candidates for the polls after they are disqualified from contesting elections. Chandrachud made this observation during the course of hearing of a PIL by BJP leader and advocate Ashwini Kumar Upadhyaya seeking a ban …

Non-disclosure of required information about the assets of wife and children of the Candidate is a violation of RP Act and a valid ground for disqualification; SC
10 years, 10 months ago

Non-disclosure of required information about the assets of wife and children of the Candidate is a violation of RP Act and a valid ground for disqualification; SC

Live Law  

Yet another decision from the Supreme Court reiterating its earlier views for ensuring the purity of election process. One Kisan Shankar Kathore was the successful candidate in the election of legislative assembly, but his election was challenged through an election petition filed. One Kisan Shankar Kathore was the successful candidate in the election of legislative assembly, but his election was …

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